Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Effective tripartite consultations. The Committee notes the Government’s report for the period ending May 2006 and the observations of the Inter-Union Assembly of Workers – National Convention of Workers (PIT–CNT), and the Government’s reply.

2. Reports on the application of ratified Conventions. The Committee notes that, according to the PIT–CNT, tripartite consultations do not operate efficiently due to the lack of initiative by the Government. In this respect, the PIT–CNT indicates that the reports for 2006 were communicated on 31 August, which made it impossible for the workers’ organization to study and analyse them. According to the PIT–CNT, if reports are brought to their knowledge less than 24 hours before they are transmitted to the ILO, the requirements of Article 5 of the Convention are not being respected in terms of consulting workers’ organizations on the reports that have to be provided by the Government. In 2005, the PIT–CNT transmitted its observations directly to the ILO by electronic mail. The Government reports that the Tripartite Working Group held 13 meetings in 2004, 11 meetings in 2005 and four meetings during the period under consideration in 2006. The Government acknowledges that certain reports provided in 2006 had to be communicated to the social partners on the same dates that they were to be sent to the ILO. With regard to the functioning of the Tripartite Working Group, comments such as those made in 2006 had not previously been submitted to it. The Government indicates that it has sought solutions in practice for the holding of a seminar on international labour standards to enable those involved to understand the importance of the presentation of reports, and on other processes for the formulation of standards so as to provide the necessary information within the time limits established by the ILO.

3. Re-examination of unratified Conventions and of Recommendations. In the view of the PIT–CNT, although recognizing that progress has been made in relation to the previous situation, it is also necessary to re-examine unratified Conventions and the application of certain Recommendations that have not yet been given effect through the adoption of national provisions for their implementation with greater rapidity and more in-depth analysis than is currently the case. The Government indicates that consultations were held on the agenda of the 93rd and 95th Sessions of the Conference, the proposals made to Parliament with regard to Recommendations Nos 194 and 195 and on the ratification of Conventions (in 2004 and 2005, the ratifications were registered of Conventions Nos 167, 181 and 184; moreover, the possibility of ratifying Conventions Nos 158, 183 and 185 was considered).

4. Administrative support. In the view of the PIT–CNT, although acknowledging that the convening of meetings is notified by electronic mail one week beforehand, there are certain difficulties in gaining access to the materials necessary to be able to hold a really effective meeting and they are generally not available prior to the meeting, leading to difficulties in holding the meeting and delays and hold ups in the analysis and decisions on the various matters. In its reply, the Government indicates that it shares the concerns of the workers in relation to the administrative shortcomings and material support provided for the Tripartite Working Group, further indicating that the installation of computer equipment is envisaged in the near future.

5. The Committee recalls that in its view “effective consultations” are those which enable employers’ and workers’ organizations to put forward their opinions meaningfully on matters relating to the activities on international labour standards referred to in Article 5, paragraph 1, of the Convention. The Committee hopes that the Government and the social partners will be able to provide information on the initiatives taken to give satisfaction to all the parties concerned in the consultations required by the Convention. In this respect, the Committee trusts that the Government and the social partners will examine the procedures that ensure that the tripartite consultations required by the Convention have been held on the issue of the ratification or implementation of the Conventions and Recommendations that are being examined in the Tripartite Working Group, and that the draft reports are communicated to the social partners sufficiently in advance so that their comments can be included directly (Article 5, paragraph 1(c) and (d), of the Convention). It also hopes that the next report will contain updated information on the manner in which the administrative support, as required by the Convention for the consultation procedures established , is provided (Article, 4, paragraph 1).